Irreparable injury is a slippery concept to begin with, not least because eBay suggests it ought to be distinguished somehow from the second factor, the absence of an adequate remedy at law
Delaware courts will generally honor the parties' contractual stipulation of irreparable harm, while California, New York and Illinois courts have indicated that a contractual provision alone will not satisfy the burden to demonstrate the lack of another adequate remedy at law
Plaintiff has suffered, and will continue to suffer, irreparable injury for which there is no adequate remedy at law
, unless Defendants are enjoined by the Court.
Instead, they began to rely on the more general equitable principle that a plaintiff is not entitled to injunctive relief if she has an adequate remedy at law
One could not turn to equity if there was an adequate remedy at law
52) Finally, the seller had made a substantial capital investment in reliance upon the parties' original long term requirements contract; the seller had "no adequate remedy at law
because its damages will be very difficult of ascertainment.
Based on the latter considerations, the trial court denied the plaintiffs' motion for a temporary injunction and dismissed their complaint, concluding that they had an adequate remedy at law
and, therefore, equitable relief was not available.
The government wanted a permanent injunction against Hicks because his conduct "causes irreparable harm to the United States and to the public for which there is no adequate remedy at law
," the lawsuit said.
Mandamus relief is available when there is no adequate remedy at law
for an injunction: whether there was an adequate remedy at law
Mandamus relief is available when a trial court abuses its discretion or violates a legal duty, and there is no adequate remedy at law
The court further observed that a Writ of Mandamus is an "extraordinary remedy" that will issue only (1) to correct a clear abuse of discretion or the violation of a duty imposed by law, when (2) there is no adequate remedy at law